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HomeMy WebLinkAboutOrdinance 22397-09-2016 ORDINANCE NO. 22397-09-2016 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 1 DURING FISCAL YEAR 2016-2017; SETTING CHARGES AND LIENS AGAINST PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Fort Worth, Texas, has heretofore directed that certain improvements and/or services (the "Improvements") shall be provided in the Fort Worth Public Improvement District No. 1 (the "District"); and WHEREAS, the boundaries of the District are the area bounded by the Burlington Northern Santa Fe RR Tracks on the east Weatherford Street, along Weatherford east to Nichols, north on Nichols to Belknap, west on Belknap to Grove, north on Grove to Bluff west on Bluff to Cummings, north on Cummings to the Trinity River, South and West along the east shore of the Trinity River to Tenth Street, east on Tenth St. to Florence; south on Florence to Texas; east on Texas to the western boundary of the Tarrant County College District parking lot, south along the west boundary of the Tarrant County College District parking lot to the north curb of Lancaster Avenue, then east along the north curb of Lancaster Avenue on the south to the Burlington Northern Santa Fe tracks; then north along the Burlington Northern Santa Fe tracks until they intersect with Weatherford Street; and WHEREAS,the Improvements to be provided in Fiscal Year 2016-2017 and their estimated costs are as follows: Expenses Management Fee 310,400 Water 13,000 Utilities 12,500 Landscaping 116,997 Trash Removal 1,194,500 Holiday Light/Deco 35,000 Security 65,200 Communications/Newsletters 7,500 Marketing& Research 389,650 Transportation & Planning 203,570 Insurance 5,600 Annual review 14,850 City Administration Fee 44,883 Budget Expenses $2,413,650 Ordinance No.22397-09-2016 Page 1 of 5 ORDINANCE NO. 22397-09-2016 AN ORDINANCE LEVYING ASSESSMENTS FOR THE COST OF CERTAIN IMPROVEMENTS AND/OR SERVICES PROVIDED IN FORT WORTH PUBLIC IMPROVEMENT DISTRICT NO. 1 DURING FISCAL YEAR 2016-2017; SETTING CHARGES AND LIENS AGAINST PROPERTY IN THE DISTRICT AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE COLLECTION OF SUCH ASSESSMENTS; RESERVING UNTO THE CITY COUNCIL THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Fort Worth, Texas, has heretofore directed that certain improvements and/or services (the "Improvements") shall be provided in the Fort Worth Public Improvement District No. 1 (the "District"); and WHEREAS, the boundaries of the District are the area bounded by the Burlington Northern Santa Fe RR Tracks on the east Weatherford Street, along Weatherford east to Nichols, north on Nichols to Belknap, west on Belknap to Grove, north on Grove to Bluff west on Bluff to Cummings, north on Cummings to the Trinity River, South and West along the east shore of the Trinity River to Tenth Street, east on Tenth St. to Florence; south on Florence to Texas; east on Texas to the western boundary of the Tarrant County College District parking lot, south along the west boundary of the Tarrant County College District parking lot to the north curb of Lancaster Avenue, then east along the north curb of Lancaster Avenue on the south to the Burlington Northern Santa Fe tracks; then north along the Burlington Northern Santa Fe tracks until they intersect with Weatherford Street; and WHEREAS, the Improvements to be provided in Fiscal Year 2016-2017 and their estimated costs are as follows: Expenses Management Fee 310,400 Water 13,000 Utilities 12,500 Landscaping 116,997 Trash Removal 1,194,500 Holiday Light/Deco 35,000 Security 65,200 Communications/Newsletters 7,500 Marketing& Research 389,650 Transportation& Planning 203,570 Insurance 5,600 Annual review 14,850 City Administration Fee 44,883 Budget Expenses $2,413,650 Ordinance No.22397-09-2016 Page 1 of 5 The total budgeted costs of the improvements are $2,413,650.00. Of this amount, $1,896,000.00 will be funded by assessments collected on privately owned parcels located in the district. The remainder of the costs will be funded by other revenue sources, including: • $204,000.00 in direct payment from the City for payment in lieu of assessments as required by Section 372.014 (b) of the Texas Local Government Code, which will be appropriated from the General Fund balance by City Council action on September 13, 2016; • $144,126.00 in direct payments from the City for payment in lieu of services, which will be appropriated from the General Fund balance by City Council action on September 13, 2016; • $124,641.00 in revenues generated by District activities; and • $44,883.00 transferred from unaudited, unassigned fund balance. WHEREAS, it is proposed that property in the District subject to assessment be assessed at a rate of$0.10 per each $100 of property value, as of January 1, 2016 and determined by the appraisal district with jurisdiction over property in the District; and WHEREAS, the Improvements and proposed assessment roll were previously presented in a public hearing conducted by the City Council on August 30, 2016 (M&C 13PBO PID I FYI 7) and have been on file in the office of the City Secretary for public inspection; and WHEREAS, the Improvements and proposed assessment roll were once again presented to the City Council in a public hearing conducted on the 13th day of September, 2016, at 7:00 p.m. in the Council Chamber in the City Hall in the City of Fort Worth, Texas (the "Public Hearing"), notice of which was published and mailed to all record owners of property in the District, and at such hearing all desiring to be heard were given a full and fair opportunity to be heard; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. The Public Hearing is hereby closed and any and all protests and objections, whether herein enumerated or not, are hereby overruled. SECTION 2. The City Council, from all evidence before it, including all information provided to it and considered in the Public Hearing, finds that the assessments herein described should be made and levied against the respective parcels of property in the District and against the owners of such property. Such assessments and charges are right and proper and are substantially in proportion to the benefits to the respective parcels of property by means of the Improvements in Ordinance No.22397-09-2016 Page 2 of 5 the District for which such assessments are levied and establish substantial justice and equality and uniformity between all parties concerned, considering the benefits received and burdens imposed. The City Council further finds that in each case the property assessed is specially benefited in enhanced value to the said property by means of the Improvements in the District and for which assessment is levied and charge made, and further finds that the apportionment of the cost of the Improvements is in accordance with applicable law. The City Council, from the evidence, further finds that the values of the respective parcels of property on January 1, 2016, are true and correct. SECTION 3. There shall be, and are hereby, levied and assessed against the parcels of property in the District, and against the real and true owners thereof(whether such owners be correctly named herein or not), the sums of money itemized per parcel of property, and the owners thereof, as far as such owners are known, at the following rate and method of payment: $0.10 per each $100 of value for property subject to assessment. SECTION 4. Where more than one person or entity owns an interest in any property described herein, each such person or entity shall be personally liable only for its, her or his pro rata share of the total assessment against such property in proportion to its, his or her respective interest to the total ownership such property, and its, his or her respective interest in such property may be released from the assessment lien upon payment of a proportionate sum. SECTION 5. The several sums above mentioned and assessed against the said parcels of property, and owners thereof, and penalty and interest thereon at the rate prescribed by Chapter 372, Texas Local Government Code (the Public Improvement District Assessment Act), together with reasonable attorney's fees and cost of collection, if incurred, are hereby declared to be and are made a lien upon the respective parcels of property against which the same are assessed, and a personal liability and charge against the real and true owners of such property, whether such owners be correctly named herein or not, and such liens shall be and constitute the first enforceable lien and claim against the property on which such assessments are levied, and shall be a first and paramount lien thereon, superior to all other liens and claims, except state, county, school district and city ad valorem taxes. A copy of this ordinance may be filed with the County Clerk of Tarrant County, Texas, and when so filed shall constitute complete and adequate legal notice to the public concerning the liens hereby assessed against the respective parcels of property and the owners thereof. The sums so assessed against the respective parcels of property and the owners thereof shall be and become due and payable on or before January 31, 2017, and shall become delinquent if not paid by February 1, 2017. The entire amount assessed against each parcel of property shall bear penalty and interest, from and after February 1, 2017 at the same rate as Ordinance No.22397-09-2016 Page 3 of 5 prescribed by law for any delinquent ad valorem tax until paid. SECTION 6. If default shall be made in the payment of any assessments, collection thereof shall be enforced by suit in any court of competent jurisdiction, and said City shall exercise all of its lawful powers to aid in the enforcement and collection of said assessments. SECTION 7. The total amount assessed against the respective parcels of property, and the owners thereof, is in accordance with the proceedings of the City hereto and is less than the proportion of the cost allowed and permitted by applicable law. SECTION 8. Although the aforementioned charges have been fixed, levied and assessed in the respective amounts herein stated, the City Council does hereby reserve the right to reduce the aforementioned assessments by allowing credits to certain property owners where deemed appropriate and provided that any such allowance does not result in any inequity and/or unjust discrimination. SECTION 9. Full power to make and levy reassessments and to correct mistakes, errors, invalidities or irregularities in the assessments are, in accordance with the law in force in this City, vested in the City. SECTION 10. In any suit upon any assessment or reassessment, it shall be sufficient to allege the substance of the provision recited in this ordinance and that such recitals are in fact true, and further allegations with reference to the proceedings relating to such assessment and reassessment shall not be necessary. SECTION 11. Should any portion, section or part of a section of this Ordinance be declared invalid, inoperative or void for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this Ordinance, which shall remain in full force and effect. SECTION 12. This Ordinance shall be cumulative of all other ordinances and appropriations amending the same except in those instances where the provisions of this Ordinance are in direct conflict Ordinance No.22397-09-2016 Page 4 of 5 with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed. SECTION 13. This Ordinance shall take effect and be in full force and effect from and after the date of its passage. AND IT IS SO ORDAINED. APPROVED AS TO FORM AND LEGALITY: ATTEST: shia Fkmer, Senior Assistant City Attorney A ary a , City Secretary M&C: BH-348 Adopted and Effective: September 13, 20116 Ordinance No. 22397-09-2016 Page 5 of 5 City of Fort Worth Five Year Service Plan Public Improvement District No. 1 -Fort Worth FY16/17 FY17/18 FYI 8/19 FY19/20 FY20/21 REVENUES PID Assessments $1,896,000 $1,933,920 $1,972,598 $2,012,050 $2,052,291 COFW Assessment 204,000 208,080 212,242 216,486 220,816 COFW Payment in lieu of Services 144,126 147,009 149,949 152,948 156,007 PID Generated Revenue 124,641 127,134 129,676 132,270 134,915 Budget Revenues $2,368,767 $2,416,142 $2,464,465 $2,513,754 $2,564,030 Use of Fund Balance 44,883 45,781 46,696 47,630 48,583 Total Revenues $2,413,650 $2,461,923 $2,511,161 $2,561,385 $2,612,612 EXPENSES Management Fee 310,400 316,608 322,940 329,399 335,987 Water 13,000 13,260 13,525 13,796 14,072 Utilities 12,500 12,750 13,005 13,265 13,530 Landscaping 116,997 119,337 121,724 124,158 126,641 Trash Removal 1,194,500 1,218,390 1,242,758 1,267,613 1,292,965 Holiday Light/Deco 35,000 35,700 36,414 37,142 37,885 Security 65,200 66,504 67,834 69,191 70,575 Communications/Newsletters 7,500 7,650 7,803 7,959 8,118 Marketing&Research 389,650 397,443 405,392 413,500 421,770 Transportation&Planning 203,570 207,641 211,794 216,030 220,351 Insurance 5,600 5,712 5,826 5,943 6,062 Annual Review 14,850 15,147 15,450 15,759 16,074 City Administration Fee 44,883 45,781 46,696 47,630 48,583 Total Expenses $2,413,650 $2,461,923 $2,511,161 $2,561,385 $2,612,612 FORT WORTH Downtown Public Improvement District s 2 I i r T 7 f 4 4r a i 8j. 5 T , �9 l 4 _IL VdiiI" -iL i i LLMLh i # fOP tip s ' s TEXAS ; - f' H 4rt a - j !R r r - IA ;rA{TEr; UAL ±IIM,�f rc B'IH'-35VV'5[3Z�'a� Ln+� LEG E N D PAD 1 - DOWNTOWN N 0 0.125 0.25 0.5 Miles , -lowr Pre Au ust 4 COPYRIGHT 2014 CITY OF FORT WORTH. UNAUTHORIZED REPRODUCTION IS A VIOLATION OF APPLICABLE LAWS. THIS PRODUCT IS FOR INFORMATIONAL PURPOSES AND MAY NOT HAVE BEEN PREPARED FOR OR BE SUITABLE FOR LEGAL, ENGINEERING, OR SURVEYING PURPOSES.IT DOES NOT REPRESENTAN ON-THE-GROUND SURVEYAND PRESENTS ONLY THE APPROXIMATE RELATIVE LOCATION OF PROPERTY BOUNDARIES. THE CITY OF FORT WORTH ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OF SAID DATA. City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 9/13/2016 - Ordinance No, 22397-09-2016, 22398-09-2016 & 22399-09-2016 DATE: Tuesday, September 13, 2016 REFERENCE NO.: BH-348 LOG NAME: 13PBD PID1 FY17 SUBJECT: Conduct a Public Benefit Hearing for Public Improvement District 1, Downtown PID, Approve Fiscal Year 2016-2017 Budget and Five-Year Service Plan in the Amount of$2,413,650.00, Approve Tax Year 2016 Assessment Roll, Adopt Ordinance Levying Special Assessments for the 2016 Tax Year, Adopt Ordinance Increasing Estimated Receipts and Appropriations in the Fort Worth Public Improvement District 1 - Downtown Fund in the Amount of$2,368,767.00, Adopt Ordinance Increasing Appropriations in the Fort Worth Public Improvement District 1 - Downtown Fund in the Amount of$44,883.00, and Reducing Unaudited, Unassigned Fund Balance by the Same Amount, and Authorize Execution of an Agreement with Downtown Fort Worth, Inc., in the Amount of$310,400.00 to Manage the District (COUNCIL DISTRICT 9) RECOMMENDATION: It is recommended that the City Council: 1. Conduct a public benefit hearing concerning the proposed special assessments on the property located in Public Improvement District 1, Downtown Public Improvement District for the 2016 tax year; 2. Approve the attached Fiscal Year 2016-2017 Budget and Five-Year Service Plan for the Downtown Public Improvement District in the amount of$2,413,650.00; 3. Approve the Tax Year 2016 Assessment Roll for the Downtown Public Improvement District; 4. Adopt the attached ordinance levying special assessments on the property located in the Downtown Public Improvement District for the 2016 tax year; 5. Adopt the attached ordinance increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 1 - Downtown Fund in the amount of$2,368,767.00 from available funds; 6. Adopt the attached ordinance increasing appropriations in the Fort Worth Public Improvement District 1 - Downtown Fund in the amount of$44,883.00, and reducing the unaudited, unassigned fund balance by the same amount; and 7. Authorize the execution of an Agreement with Downtown Fort Worth, Inc., in the amount of $310,400.00 to provide management and improvement services for the Downtown Public Improvement District during Fiscal Year 2016-2017. DISCUSSION: On June 23, 2009, (M&C C-23627) the City Council adopted Resolution No. 3756-06-2009 re-establishing Logname: 13PBD PIDlFY17 Page I of 3 Fort Worth Public Improvement District 1 (Downtown PID). The purpose of this benefit hearing is to receive comments from the public regarding the 2016-2017 Fiscal Year Budget and Five-Year Service Plan for the PID and the proposed assessments to be levied on each property in the PID for the 2016 tax year. Following the public hearing, it is recommended that the City Council approve the Tax Year 2016 Assessment Roll for the PID, approve the attached Budget and Five- Year Service Plan, adopt the attached ordinance levying the special assessments, and adopt the appropriation ordinances increasing estimated receipts and appropriations in the Fort Worth Public Improvement District 1- Downtown Fund. On August 30, 2016, the City Council conducted a public hearing (M&C 13PBO PlD1 FY17 BENEFIT) to receive comments on the proposed 2016-2017 Fiscal Year Budget and Five-Year Service Plan for the PID. Notice of this benefit hearing was published in the Fort Worth Star Telegram and mailed to all record owners of property in the Downtown PID, in accordance with state law. The improvements and services to be provided in the PID during the 2016-2017 Fiscal Year and the costs thereof are as follows: Improvements Total Budgeted Costs Management Fee F$ 310,400.00 Water $ 13,000.00 Utilities $ 12,500.00 Landscaping $ 116,997.00 Trash Removal F$ 1,194,500.00 Holiday Light/Deco F$ 35,000.00 Security F$ 65,200.00 Communications/Newsletters— 7,500.00 Marketing & Research $ 389,650.00 Transportation & Planning $ 203,570.00 Insurance _1$ . 5,600.00 Annual Review F$ 14,850.00 City Administration Fee $ 44,883.00 Total Expenses $ 2,413,650.00 The total budgeted costs of the improvements are in the amount of $2,413,650.00. Of this amount, $1,896,000.00 will be funded by assessments collected on privately owned parcels located in the PID by applying a rate of $0.10 to each $100.00 of property value. The remainder of the costs in the amount of $517,650.00 will be funded by other revenue sources including: an amount equal to $204,000.00 in direct payments from the City for Payment In-Lieu of Assessments, an amount equal to $144,126.00 in direct payments from the City for Payment In-Lieu of Services, an amount equal to $124,641.00 in revenues generated by PID activities, and an amount equal to $44,883.00 transferred from unaudited, unassigned fund balance. The Downtown PID is located in COUNCIL DISTRICT 9. FISCAL INFORMATION / CERTIFICATION: Logname: 13PBD PID I FY 17 Page 2 of 3 the Fiscal Year 2016-2017 Budget by the City Council, funds will be available in the Fiscal Year 2017 operating budget, as appropriated, of the Fort Worth Public Improvement District 1 - Downtown Fund. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project Program ctivity Budget Reference # moun ID ID Year Chartfield 2 FROM Fund Department ccoun Project P Budget I Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Lynda Johnson (6222) Additional Information Contact: David Reitz (7807) Logname: 13PBD PIDIFY17 Page 3 of 3